Bayline September 09.indd - Bay Area Apartment Association

Q. I have spoken to a resident on
several occasions about late parties, loud
music, too many guests, and generally
too much noise in her apartment during
our quiet hours. I have even sent
the resident several letters about this
unacceptable behavior. In my last letter
I told her that her lease would be
terminated if the partying and noise
didn’t stop. This weekend she had
another wild party. Can I send her a
7day notice of non-compliance without
opportunity to cure?
A. You probably cannot terminate
her lease. In cases such as this, we
recommend that the resident first be
served at least one 7-day notice of noncompliance
with opportunity to cure.
10 • September 2009 • Bayline
LEGALLY SPEAKING
Legal Q&A
By Attorney Michael Geo. F. Davis,
Law Offices of Heist, Weisse & Davis, P.A.
You have made a common mistake.
Oral discussions and letters are not a
substitute for the 7-day cure notice.
Instead of sending letters without any
likely, legal significance, had you sent
the resident one or more 7-day cure notices,
you would be in a good position
to terminate the lease. You could show
the court that the resident was engaged
in an ongoing pattern of behavior for
which prior written warnings consistent
with Florida law had been given, and
that your decision to terminate was
not based upon an isolated incident to
which you were overreacting.
Q. Yesterday morning an applicant
filled out an application and paid
a holding deposit. We processed it
that day, and last night we left several
phone messages on the resident’s voice
mail that he had been accepted and
should contact us immediately. Our
application indicates that we may keep
the holding deposit if the applicant is
notified that the application has been
approved but subsequently decides not
to enter into the anticipated lease. This
morning, in the drop-box, we found a
note from the resident indicating that,
since he had heard nothing from us, he
decided to withdraw his application.
He demanded his $200 application
deposit be returned. I think he changed
his mind and is pretending he doesn’t
know he was approved. Can I keep his
application deposit?
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